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View Diary: Lindsey Graham (Dipshit-SC) is a Threat to the Rule of Law (198 comments)

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  •  You do not understand. (1+ / 0-)
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    It is not the attorney's decision to make.

    Typically these things are handled by the investigating officers on the ground. It is they who make the arrest, and they who decide whether or not to question prior to, or subsequent to rights being read.

    The SCOTUS was quite clear ... If there is a public safety interest in immediate questioning, prior to rights being read, then those answers will be admissible.

    Time is critical. The cases considered by the courts involve minutes, and up to an hour .... not hours and days.

    This is not what the Diary was about, and my commentary didn't mention this point. It was addressed later, in the comments.

    My Diary is about Senator Graham and his apparent desire to tear up the Constitution, scrap habeas corpus and roll back over 800 years of common law.

    Indeed he was suggesting that we create a Police State in which currently accepted due process can be abandoned on a whim.

    This is perfectly in line with his other statements, and the positions of many Republicans whose authoritarian bent is well documented.

    The guy is now in hospital, probably sedated and any questioning will have to wait for an unknown period. He will be read his rights because we are well past the time where the public safety exception could reasonably be employed.

    It's all moot, because he will probably be only too willing to talk anyway, and if he isn't he will be aware of his rights whether they were read to him or not.

    I hope that the quality of debate will improve,
    but I fear we will remain Democrats.

    Who is twigg?

    by twigg on Sat Apr 20, 2013 at 12:47:57 AM PDT

    [ Parent ]

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